Family Law Questions? Ask a Family Lawyer Online.
Good evening. I'll be assisting you with your question.
In New York, grandparents have a right to ask a judge to grant them visitation. Section 72(1) of the Domestic Relations Law states that:
“[w]here either or both of the parents of a minor child, residing within this state, is, or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent may apply to [supreme or family court] and . . . the court, by order after due notice to the parent or any other person or party having the care, custody, and control of such child, to be given in such manner as the court shall prescribe, may make such directions as the best interest of the child may require, for visitation rights for such grandparent or grandparents in respect to such child.”
What that means for you is that you may ask a judge to order visitation, but that does not mean that judge has to grant it. The judge must find that "equity would see fit" for you to have visitation. Ultimately, the court will be asking if ordering visitation is in the best interest of the child.
Are you there?
I see that you've rated my service as "bad." I would like to assist you further, but it is important that you ask questions to clarify anything that you don't understand or would like more information on.
oh i didn't have the respond before, it didnt show up and until i already had order protection against my mother to reframe any abusive contact to the children and i because she was stalking my house and my children at the bus stop! but i just really want her to leave me alone her and i dont get along at and do not agree on anythin! she protect my drug addict sister and my unemployed brother who neither one the take care there children but she goes after me when ive raised my children since the day the were born she call cps on me and the found nothing wrong at my house > she insane
If she has problems like you've described, it is very unlikely that a judge would find that giving her visitation rights would be in the best interest of the children.
As I said before, she doesn't have an absolute right to visitation - she must prove to the judge that she deserves it.
well she got with my nephew but her mother is also a drug addict so does that make a difference
That certainly won't help her get visitation rights.
If she's a drug addict, very few, if any, judges would grant her visitation.
From what you've described, it appears unlikely that a judge would grant visitation to the grandparent.
Do you have any questions?
im sorry that came out messed up my sister is the drug addict and my mother received visitation , because my sister does not have vistion except when she goes to mother does that make a difference
Your sister's situation and yours don't really impact one another. They should be considered separately.
Your case will be considered on its own facts.
If so, feel free to ask. If not, please remember to "rate" my answer before you go.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).